How Long Do I Have to Contest a Will?

How Long Do I have To Contest A Will?

In the unfortunate event that you are not happy with the outcome of a will, it is imperative that to seek immediate legal advice given the fact that the time limits on contesting a will can in some cases be as little as 6 months. This is from the date the grant of probate or letters of administration were issued.

Unsure of the time limits to Contest a Will or Apply for Probate?

Call WillClaim on 020 3322 5103 and we will be able to advise you on how best to contest a will

Contesting a will time limits

Generally speaking, contested probate time limits are governed under the Limitation Act 1980 and may vary depending upon the type of claim. The limitation to bring a claim can be very subjective and expert opinion from a solicitor or legal specialists is advised. As a general guideline, the broad time limits of contesting a well are as highlighted below:-

Nature of Claim

Time Limit

Inheritance Act
Claim for maintenance

6 months
from the grant of probate

Beneficiary
making a claim against an estate

12 years
from the date of death

Fraud

no time limit applies

Can a will be contested after probate?

A will can indeed be contested after probate but WillClaim’s continued advice is that it is more prudent to contest any will prior to probate being issued. The main reason for this is that an Executor who may be aware of the contentious nature of the will could potentially dispose of the estate assets. In the event that you need to challenge a will, WillClaim would advise that in the first instance a Caveat is placed upon the estate which prevents probate being issued and allows you time to start a legal will claim through a solicitor or legal representative.